RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2012-02898 COUNSEL: NONE HEARING DESIRED: NO ________________________________________________________________ APPLICANT REQUESTS THAT: Her military service dates (Total Year Service Date, Total Federal Commissioned Service Date and Pay Date) be corrected to reflect her original service dates and her break in service be removed. ________________________________________________________________ APPLICANT CONTENDS THAT: She applied to transfer into the Air Force Reserve on 24 February 2012. The transfer was approved on 29 May 2012, 39 days after her date of separation from active duty. This caused a break in service and adjusted her military service dates. The applicant’s complete submission, with attachments, is at Exhibit A. ________________________________________________________________ STATEMENT OF FACTS: The applicant served in the Regular Air Force from 19 January 2005 through 20 April 2012. She transferred to the Air Force Reserve effective 29 May 2012; the date her appointment was approved by the Secretary of Defense (SecDef). The remaining relevant facts, extracted from the applicant’s master personnel records, are outlined in the letter prepared by the Air Force office of responsibility, which is included at Exhibit B. ________________________________________________________________ AIR FORCE EVALUATION: ARPC/DPA recommends approval of the applicant’s request to reflect no break in service. Due to a delay in processing the 27 February 2012 scroll at the SecDef level, the applicant incurred a break in service between her separation from active duty and her appointment into the Reserves. In accordance with Deputy Secretary of Defense Memorandum, dated 2 May 2005, all military officer appointments under Title 10, United States Code, Section 12203, not previously approved by 30 June 2005, shall be submitted to the SecDef. Current policies do not allow for backdating oaths; however, SAF/GCM and the AFBCMR have determined the AFBCMR has the authority to adjust the date of separation for these officers to prevent a break in service. The General Counsel determined the appointment date is the date the SecDef approved the appointment or the date the oath was administered, whichever is later. The applicant was granted appointment in accordance with the Office of Secretary of Defense directive. There was no administrative error and the break in service was not caused by the applicant. Her records should be corrected accordingly. The complete DPA evaluation, with attachment, is at Exhibit B. ________________________________________________________________ APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 7 August 2012 for review and comment within 30 days. As of this date, this office has received no response (Exhibit C). ________________________________________________________________ THE BOARD CONCLUDES THAT: 1. The applicant has exhausted all remedies provided by existing law or regulations. 2. The application was timely filed. 3. Sufficient relevant evidence has been presented to demonstrate the existence of error or injustice. After a thorough review of the evidence, we believe correction action is warranted. The applicant contends that a delay in processing her transfer to the Air Force Reserve caused a break in service. In this respect, we note the applicant’s name was scrolled on 27 February 2012; yet her appointment was not approved until 29 May 2012, resulting in a break in her service. Therefore, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt its rationale as the basis for our conclusion that the applicant’s service dates should be corrected accordingly. Therefore, we recommend that the applicant’s record be corrected as indicated below. ________________________________________________________________ THE BOARD DETERMINES THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that she was not released from active duty effective 20 April 2012, but on that date, she was continued on active duty through 28 May 2012. ________________________________________________________________ The following members of the Board considered AFBCMR Docket Number BC-2012-02898 in Executive Session on 12 February 2013, under the provisions of AFI 36-2603: Panel Chair Member Member All members voted to correct the records, as recommended. The following documentary evidence was considered: Exhibit A. DD Form 149, dated 20 Jun 12, w/atchs. Exhibit B. Letter, ARPC/DPA, dated 31 Jul 12. Exhibit C. Letter, SAF/MRBR, 7 Aug 12.